94 Iowa 418 | Iowa | 1895
I. This is a proceeding to establish a claim of plaintiff against the estate of William Coulthurst, deceased. This claim is a note, dated October 30,1891, for one hundred and seventy-five dollars, drawing seven per cent, interest, and due nine months after date. The defendant answered in three counts: First, a general denial; second, a denial of the execution of the note, and a denial of any indebtedness to the payee of the note; third, that on October 30,1891, a settlement was had between the payee of said note and the decedent, and at that time said payee procured the note by fraud. The plaintiff replied, denying all of the allegations in the second and third counts of the answer, and averred that he purchased the note in good faith, before maturity, and for a full consideration. The note purported to he signed by the defendant by his mark (a cross), and witnessed by one W. H. Ooulthurst. The note was payable to one Williams or order, and was by him indorsed without recourse to plaintiff. Plaintiff introduced evidence tending to show that he purchased the note before due, in good faith, and for value. He also showed that the witness to the signature of the note was not within the jurisdiction of the courts of this state. Williams, the payee of the note, testified to the genuineness of the signature of decedent and the witness. The administrator, as a witness, was not able to say whether or not the mark on the note was made by the decedent. One Eyce, an attorney, testified that he had been the decedent’s attorney during his lifetime, and that he was familiar with his mark, and that he believed the mark on the note was made by decedent. The court ruled out the evidence of Williams, and admitted the note in evidence, holding that a prima facie case had been made as to genuineness of the signature. Defendant then offered evidence tending to
For the reasons given, the court below erred in refusing to establish the plaintiff’s,claim. — Reversed.